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Federal Regulations Advisor Insight and Commentary on U.S. Government Regulatory Affairs

Monthly Archives: November 2012

Deepwater Horizon – Agency Actions, Injunctions, and (Not) Contempt

Posted in Judicial Review & Remedies

On April 20, 2010, the Deepwater Horizon exploded and sent a gusher of oil into the Gulf of Mexico.  Deepwater Horizon also sent a gusher of litigation into the federal courts:  the recent decision in Hornbeck Offshore Services, LLC v. Salazar illustrates the care needed in seeking and enforcing an injunction against an agency of… Continue Reading

Monday Morning Regulatory Review – 11/19/12

Posted in Judicial Review & Remedies, Regulatory Flexibility & Small Business, Regulatory Process

Activity at the Office of Management and Budget (OMB) has begun to pick up after the election – the Patient Protection and Affordable Care Act (ACA) regulations lead the way.  On the other hand, another court ordered an exemption from the mandatory contraceptive coverage regulation ahead of Department of Health and Human Services (HHS) submitting… Continue Reading

District Court Vacates Hospital Disproportionate Share Payment “Rule”

Posted in Judicial Review & Remedies

In yesterday’s episode of the Medicare hospital disproportionate share (DSH) payment saga, the United States District Court for the for the District of Columbia vacated a Department of Health and Human Services (HHS) “policy” adopted in a 2004 final rule preamble that was not adopted as a rule until 2007.  Allina Health Services v. Sebelius… Continue Reading

Administrative Conference 57th Plenary Session Agenda

Posted in Legislation, Regulatory Process

The Administrative Conference of the United States (ACUS) will meet for its 57th Plenary Session on December 6 – 7, 2012, to consider three recommendations dealing with Reform of the Procedural Trap between the Court of Federal Claims and the United States District Courts; Third-Party Programs for Regulatory Compliance; and Civil Monetary Penalty Inflation Adjustment…. Continue Reading

Monday Morning Regulatory Review – 11/12/12

Posted in Executive - OMB Review, Judicial Review & Remedies

On Election Night, the Office of Management and Budget (OMB) Office of Information and Regulatory Affairs (OIRA) was reviewing 147 significant rules, proposed rules, and other notices.  With the election over, the floodgates have now cracked.  OMB’s docket has suddenly grown to 158, and we may expect to see many more rules – and perhaps… Continue Reading

Monday Morning Regulatory Review – 11/5/12

Posted in Judicial Review & Remedies, Regulatory Process

The election is tomorrow and regulatory activity seems to be in the calm before the storm.  Congress further pressured the Administration on the lack of a Unified Agenda, but the Office of Management and Budget (OMB) did complete review on some very time-sensitive regulations, while the Environmental Protection Agency (EPA) announced at least some compliance… Continue Reading